[Covid-19]: Delhi High Court directs to do away with Condition of Surety Bonds in all Bail Orders passed by it or District Courts, if the under-trial cannot be released due to Surety

 The Division Bench of Delhi High Court comprising of Justice Rajiv Sahai Endlaw & Justice Manoj Kumar Ohri on April 09, 2020 {COURT OF ITS OWN MOTION v. STATE} directed that in view of the unprecedented prevailing circumstances and the matter of decongesting the prisons, and without creating any precedent, a case for modifying the bail orders passed either by it or by any court subordinate to it, on or before 7th April, 2020, thereby doing away with the condition of furnishing surety bond and instead, allowing the under-trial prisoners to be released on their furnishing personal bond to the satisfaction of Superintendant of Jail, is made out.

Therefore, the High Court held that all bail orders, passed by it or by the Courts subordinate to it, on or before 7th April, 2020, in pursuance whereto the under-trial prisoners have not been released on bail owing to failure to satisfy the condition of furnishing surety bond, are modified and be read as granting bail without the condition of furnishing surety bond and instead allowing such under-trial prisoners to be released on their furnishing personal bond to the satisfaction of Superintendent of Jail. 

It was further held that this order should not be construed as changing any other condition if any imposed in the bail orders passed by it or by any Court subordinate to it. 

The present petition has been registered by the Delhi High Court on receipt by the Registrar General, communication dated 7th April, 2020 from Member Secretary, Delhi State Legal Services Authority (DSLSA) and which communication in turn is in terms of the Resolution dated 7th April, 2020 of the High Powered Committee (HPC) constituted for Delhi pursuant to directions contained in the order dated 23rd March, 2020 of the Supreme Court in Suo Motu Writ Petition (C) No.1/2020 titled In Re: Contagion of Covid 19 Virus in Prisons concerning inter alia decongestion of prisons. Accordingly, on recommendation of HPC regarding waiver of Surety Bonds, aforesaid direction was passed by the Delhi High Court.